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STATE v. PARTLOW

No. 81-1282.

321 N.W.2d 886 (1982)

STATE of Minnesota, Respondent, v. Richard D. PARTLOW, Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 2, 1982.

Attorney(s) appearing for the Case

Douglas W. Thomson Law Firm and Paul C. Engh, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Tom Foley, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(a) (1980) (sexual penetration of person under 13 years of age by person more than 36 months older). The Sentencing Guidelines recommend a sentence of 41-45 months in prison for an offense of this level of severity (VIII) by one with defendant's criminal history score (zero). A presentence investigation report recommended...

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